Legal Question in Civil Rights Law in California

my sister is trustie of my parent estate I have been my fathers primary care giver for 7 years in his own home.Can she leagally make him go live with her if he wants to stay in his own home with me


Asked on 7/11/10, 9:53 am

1 Answer from Attorneys

Marcia S Wertenberger Marcia S. Wertenberger, Esq.

Hello, sorry for your troubles here. NO she can't do anything as such - where would she even get the idea???? This reply is based on the assumption that this is a living trust - is that correct? Your sisters power as a SUCCESSOR trustee only kicks in if your father is declared legally incompetant and unable to make his own decsions as verified by a doctor - an MD.or the court based n medical evidence - and I have never seen this happen = the ONLY way this could be true is if your father made your sistrer sole trustee effective immediately OR either on signing the trust when it was made or if he made it contingengent upon a time or a declaration of incompentence. This is VERY summary mind youuuand my best advice - due to the limitations here is to have this looked into further. I am happy to follow up with over 20 yrs experience. PLease emaiL ME AT [email protected] and put in the re: line Trust issue - lawguru - include nameand address - if you have a copy of trust can you scan it nd send aln gwoth your email? I can help - you and likel your dad willl and have been out thousandand thousand of dollars - I can garantee it willl continue AND becme far worse

I hope to hear from you - I have a ton of experiencei n this area D NOT WAIT!

Regards,

Marcia

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Answered on 7/11/10, 7:43 pm


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